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Family Law

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14 JUN 2010

IMMIGRATION: ZN (Afghanistan) v Entry Clearance Officer (Karachi) [2010] UKSC 21

(Supreme Court; Lord Phillips P, Lord Rodger, Lord Collins, Lord Kerr and Lord Clarke; 12 May 2010)

The issue was what rules applied to family members seeking entry to the UK where the sponsor had been granted asylum and subsequently obtained British citizenship. Consequently the family reunion policy applicable to recognised refugees did not apply. Whether the asylum rules or general rules applied.  The requirement that such family members be accommodated and maintained in the UK without recourse to public funds was an inherent part of the general rules. The family members appealed against ruling that the general rules applied.

Appeal allowed. The relevant rules did not make any reference to whether or not a refugee had been granted citizenship, but referred only to whether they had been granted asylum. The parent who had been granted asylum came within rules, whether or not granted citizenship. The family members under asylum rules did not have to meet maintenance and accommodation requirements imposed by the general rules.

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